Serious Crimes That Can Result In Deportation

Serious Crimes That Can Result In Deportation

All US immigrants, including people with green cards, may face deportation if they violate specific US laws. The most common reason someone may face deportation is if evidence is discovered that they were convicted of a serious crime, including an aggravated felony or a ‘crime of moral turpitude’. If you are an immigrant and have been charged with a serious crime or violent crime, speak to our League City criminal defense attorney today at Mark Diaz & Associates.

What Is A Deportable Crime?

A deportable crime is one in which a conviction can result in adverse outcomes for those who are not US citizens. Immigration consequences for a serious criminal conviction can include deportation and removal; denial of the ability to reenter the US, and denial of the ability to become an American citizen. If you are convicted of a serious or violent crime, the Department of Homeland Security could deport you. In some situations, you could be deported regardless of how long you have lived in the US.

Unfortunately, some criminal defendants have attorneys who do not always grasp the potential immigration consequences of a conviction. This could lead to an attorney not fighting a charge as hard as they should. So, it is critical if you are a US immigrant to hire an experienced criminal defense attorney who understands how a serious crime can affect your immigration status.

What Is A Crime Of Moral Turpitude Under Federal Law?

Crimes of moral turpitude (CMT) are not always clearly defined. But legislators tend to leave defining the term to various government agencies. The State Department’s guidance says that the most frequent elements of a crime of moral turpitude involve the intent to harm someone or something, and crimes involving larceny or fraud.

Crimes that involve theft or dishonesty are frequently seen as crimes of moral turpitude. Another potential example is assault, spousal abuse, and the intent to kill or rob someone. Many possible crimes could put you at risk of being deported, so the best course is to talk to your League City criminal defense attorney to find out if a particular conviction could lead to deportation hearings.

It is possible that a conviction should not be called a crime of moral turpitude, or that the law that was violated contains elements that do not necessarily rise to that level. However, this defense would be dependent on how the statute is worded. Also, there may be questions about how a Texas criminal statute will be interpreted under US immigration laws, so talking to your attorney about your charge immediately is critical.

When Can You Be Deported For A CMT?

There are two ways committing a CMT can put you into deportation proceedings. First, you committed a CMT the first five years after coming to the US. Second, you committed two or more serious or violent crimes that did not occur from a single plan of criminal wrongdoing after you were admitted to the US.

To understand if you committed a serious crime within five years after you came to the United States, being with the date you committed the crime. Then, count backward five years. If you came legally to the US from an airport, border, or other port of entry in the five years before you committed the crime, you could be put into removal proceedings. If more than five years have passed since you came to the US, you cannot be deported for your crime. You can still face serious consequences, including prison time and fines, but deportation is off the table.

Suppose you came to the United States on an investor visa in 2015 and received a green card when you adjusted your status in 2020. If you committed a fraud crime in 2022, you probably are not deportable for that crime because you entered the US seven years earlier and outside the five-year threshold. However, in some cases, the date the defendant adjusted to permanent resident status could be treated as a date of admission. Talk to an immigration attorney for more information.

When Are You Deportable For Multiple CMTs?

You also might be put into removal proceedings if you committed more than one CMT, regardless of when they happened. However, the multiple crimes that originated from one illegal scheme, will only be considered one single crime from an immigration perspective and when determining deportability.

Suppose you have two theft convictions that occur in the same location and around the same time. Let’s say you stole from two different stores that were next door to one another in the same shopping plaza, one after the other. These are technically two separate crimes but will likely be counted as one single scheme of misconduct. Meaning, it doesn’t count as two separate CMT.

If you commit two CMTs that do not arise from the same scheme, you are deportable. It does not matter how much time has expired since you were last admitted to the US.

Is There A Waiver For A CMT?

There are limited exceptions where you might request a waiver as a deportation defense for committing a CMT. This is known as a 212(h) waiver. To qualify, you cannot be a national security threat. If you hold a green card, you cannot have ever committed an aggravated felony and also, you must have lived in the US in lawful status continuously for at minimum 7 years before the deportation case was brought against you.

If the CMT involves prostitution, or you committed it at least 15 years before you applied for status adjustment, it is up to the judge to decide if you should get a waiver. Another situation that puts the decision solely in the judge’s hands is whether you get a waiver because you qualify under the Violence Against Women Act (“VAWA”) – meaning, you suffered physical or emotional abuse at the hands of a US citizen/permanent resident parent or spouse. Otherwise, a 212(h) waiver is usually only available if you can prove that being removed with be an extreme hardship for your spouse, parents, or children in the United States. Usually, getting a waiver comes down to how much violence was involved in the crime and any proof that you have been rehabilitated.

What Are Examples Of An Aggravated Felony?

If you have committed an aggravated felony, you also may face deportation. A full list of aggravated felonies can be found in the Immigration and National Act. The list includes serious and violent crimes, including:

• Firearms trafficking
• Drug trafficking
• Money laundering
• Fraud and tax evasion – more than $10,000
• Sexually abusing a minor
• Child pornography
• Murder
• Rape

If you are convicted of an aggravated felony at any time while living in the US, you will likely be deported. You generally cannot qualify for a waiver to return to the United States. So, hiring an experienced criminal defense attorney is critical to help you avoid an aggravated felony conviction.

Crimes That May Make You Ineligible For A Green Card

Another aspect of serious or violent crimes is a conviction can make you ineligible for a green card and living in the US. When you apply for a visa or lawful permanent residence, the federal government will review your application and ensure that you are not inadmissible based on your criminal record. If you are deemed inadmissible, you could be denied a visa or green card to come to the US. Some of the crimes that may make you inadmissible to the United States include:

Crimes Involving Moral Turpitude

A CMT, as explained earlier, is often defined as one involving fraud, larceny, and causing harm to someone or something. This category includes a conspiracy or attempt to commit such a crime. However, it usually excludes crimes that were committed before you were 18, if you were released from prison for more than five years before applying for entry to the US. It also may exclude crimes with a maximum penalty of one year in prison and when you were not sentenced to more than six months.

Committing Human Trafficking Offenses

If you are a knowing aider or abettor of human trafficking offenses, you may be inadmissible. Also, your spouse or children may be inadmissible if they received any financial benefit from these activities within the last five years.

Engaging In Substance Trafficking

If you aided or abetted drug trafficking in your home country, you generally cannot be admitted to the United States. This might include your spouse and children if they benefitted financially from your crimes within the last five years.

Other possible criminal convictions that could bar you from US entry are:

• A conviction for a controlled substance violation.
• Convictions for two or more crimes where the sentence totaled five years or more.
• Engaging in prostitution when coming to the United States.
• Conviction for an aggravated felony if you were removed from the US and want to return.
• Trying to enter the US to practice money laundering.

The crimes listed above are mentioned in US immigration law. Other crimes are listed regarding security, such as terrorism, espionage, and sabotage. You should always have your case reviewed by a criminal defense or immigration attorney for additional information.

Contact Our League City Criminal Defense Attorney

If you have been charged with a serious or violent crime and are a US immigrant, you face potentially grave consequences that could include deportation. You need an aggressive defense attorney who will maximize the chances of reducing the charges or getting them dismissed. Contact our League City criminal defense attorney at Mark Diaz & Associates today for help at (409) 515-6170.